You have probably heard basic tenets of litigation such as, “Make sure you properly prepare your client for deposition” and “Make sure affidavits your client signs are accurate and consistent with prior testimony.” Such tenets are important not only to solidify your client’s position in any litigation, but also to minimize the risk of impeachment at evidentiary hearings or at trial. Recently, the importance of such preparation and consistency has been emphasized in the context of summary judgments by the Texas Supreme Court’s formal adoption of the “sham affidavit rule” in the case of Lujan v. Navistar, Inc., which was decided in April of 2018. Lujan v. Navistar, Inc., 555 S.W.3d 79 (Tex. 2018), reh’g denied (Sept. 28, 2018).

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